- From: Luigi P. Bai <lpb@focalpoint.com>
- Date: Fri, 05 Oct 2001 13:23:08 -0500
- To: www-patentpolicy-comment@w3.org
I am writing to express an opposition to your proposed Policy allowing
Recommendations to incorporate items protected by patent. A potential
implementor, especially a not-for-profit distributed open source effort,
may not be able to afford even "Reasonable and Non-Discriminatory" license
terms. I would like to propose some alternate approaches:
1. Require that any Recommendation include a non-infringing alternative to
an implementation incorporating work covered as an Essential Claim. For
example, the standard for SSL or S/MIME should be able to handle RSA and
Diffie Hellman public key formats.
and/or
2. Require that only "leaf" Recommendations be developed incorporating RAND
technology. For example, XML is not a "leaf" technology because other
Recommendations refer to and depend on it. P3P may be currently considered
a "leaf" technology; should it be a required pre-requisite for a future
Recommendation, it should first be re-worked so it can be implemented as a
Royalty-Free technology (either by changing the details of the
Recommendation to avoid Essential Claims, or by requiring the patent owners
to change their licensing to Royalty Free for such Claims). This would help
prevent "core" Internet technology from being expensive to implement.
and/or
3. Require that "Reasonable and Non-Discriminatory" actually discriminate
in the case of a free/not-for-profit implementation; that such an
implementation should, if protected by a "viral" license such as GPL (so
its derivatives also remain free), be granted a royalty-free license to use
patented technology. This would unfortunately place the W3C in the position
of evaluating potential licenses and declaring which ones were appropriate
for such treatment; this may not actually turn out to be very difficult. It
is likely to make Microsoft (who has 3! of 20 positions on the Policy team;
Nortel, 2; Apple, 2; W3C, 4) terribly upset. :-)
Thank you for your time and consideration;
Luigi Bai
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Luigi P. Bai Focal Point Software, Inc.
lpb@focalpoint.com 3701 Kirby Drive, Suite 512
turning data into information Houston, TX 77098
(713) 215-1600 x 33#
Received on Friday, 5 October 2001 14:25:27 UTC